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Latest Featured Reports | Wednesday, December 4, 2024
In Defense of Democracy from S. Korea to N. Carolina (and Beyond): 'BradCast' 12/3/24
Also: Control of MN House hangs on incredibly close race and tossed ballots; WI's 13-year old anti-union law found 'unconstitutional'...
'Green News Report' 12/3/24
  w/ Brad & Desi
U.N. plastics treaty negotiations collapse in S. Korea; U.N. COP29 climate talks end with weak agreement in Azerbaijan; PLUS: Extreme drought is an immigration issue, study warns...
Previous GNRs: 11/21/24 - 11/19/24 - Archives...
Hunter's Pardon:
'BradCast' 12/2/2024
Also: Biden-Harris 2020 cybersecurity chief questions 2024 results; Trump's latest corrupt appointments; Listeners ring in...
Sunday 'First Things First' Toons
THIS WEEK: Religious 'Freedom' ... The Felon-Elect ... Tariff-ied ... The Great Xcape ... and more! In our latest collection of the week's most prayful toons...
Sunday 'No Such Agreement' Toons
THIS WEEK: A Cabinet of Crooks, Kooks and Corrupted Curiosities...and more! In our latest collection of the week's most toxic toons...
How (and Why!) to 'Extend an Olive Branch' to MAGA Family Members Over the Holidays: 'BradCast' 11/21/24
Guest: Leaving MAGA's Rich Logis; Also: Bibi's 'war crimes'; Hegseth 'assault'; Gaetz out!...
'Green News Report' 11/21/24
  w/ Brad & Desi
Back-to-back killer storms in NW; Huge cache of 'rare earth' elements discovered in U.S.; Climate change worsened every hurricane; PLUS: NY revives congestion pricing...
Previous GNRs: 11/19/24 - 11/14/24 - Archives...
Former Federal Prosecutor: Trump Must Be Sentenced in NY Before Taking Office Again: 'BradCast' 11/20/24
Guest: Randall D. Eliason; Also: Repubs cover for Gaetz; FCC nom threatens censorship...
'Bullet Ballot' Claims, Other Arguments for Hand-Counting 2024 Battleground Votes: 'BradCast' 11/19/24
Also: PA Supremes order votes tossed before Senate recount; Gaetz files reportedly hacked...
'Green News Report' 11/19/24
Trump nominates fracking CEO, climate denier to head Dept. of Energy; Winters warming quickly in U.S.; PLUS: Biden heads to Amazon Rainforest to offer hope...
Trump Already Violating Law (He Signed!) During Transition: 'BradCast' 11/18/24
Guest: Former Dep. Asst. A.G. Lisa Graves; Also: Flood of unqualified, corrupt Trump noms for top cabinet posts...
Sunday 'Into the Gaetz of Hell' Toons
THIS WEEK: Pyrrhic Victories ... Cabinet Clowns ... Blame Games ... Sharpie Shooters ... And more! In our latest collection of the week's sleaziest toons...
'Green News Report' 11/14/24
NY, NJ drought, wildfires; GOP wins House, power to overturn Biden climate action; PLUS: Very high stakes as U.N. climate summit kicks off in Baku, Azerbaijan...
BARCODED BALLOTS AND BALLOT MARKING DEVICES
BMDs pose a new threat to democracy in all 50 states...
VIDEO: 'Rise of the Tea Bags'
Brad interviews American patriots...
'Democracy's Gold Standard'
Hand-marked, hand-counted ballots...
Brad's Upcoming Appearances
(All times listed as PACIFIC TIME unless noted)
Media Appearance Archives...
'Special Coverage' Archives
GOP Voter Registration Fraud Scandal 2012...
VA GOP VOTER REG FRAUDSTER OFF HOOK
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...

Criminal GOP Voter Registration Fraud Probe Expanding in VA
State investigators widening criminal probe of man arrested destroying registration forms, said now looking at violations of law by Nathan Sproul's RNC-hired firm...

DOJ PROBE SOUGHT AFTER VA ARREST
Arrest of RNC/Sproul man caught destroying registration forms brings official calls for wider criminal probe from compromised VA AG Cuccinelli and U.S. AG Holder...

Arrest in VA: GOP Voter Reg Scandal Widens
'RNC official' charged on 13 counts, for allegely trashing voter registration forms in a dumpster, worked for Romney consultant, 'fired' GOP operative Nathan Sproul...

ALL TOGETHER: ROVE, SPROUL, KOCHS, RNC
His Super-PAC, his voter registration (fraud) firm & their 'Americans for Prosperity' are all based out of same top RNC legal office in Virginia...

LATimes: RNC's 'Fired' Sproul Working for Repubs in 'as Many as 30 States'
So much for the RNC's 'zero tolerance' policy, as discredited Republican registration fraud operative still hiring for dozens of GOP 'Get Out The Vote' campaigns...

'Fired' Sproul Group 'Cloned', Still Working for Republicans in At Least 10 States
The other companies of Romney's GOP operative Nathan Sproul, at center of Voter Registration Fraud Scandal, still at it; Congressional Dems seek answers...

FINALLY: FOX ON GOP REG FRAUD SCANDAL
The belated and begrudging coverage by Fox' Eric Shawn includes two different video reports featuring an interview with The BRAD BLOG's Brad Friedman...

COLORADO FOLLOWS FLORIDA WITH GOP CRIMINAL INVESTIGATION
Repub Sec. of State Gessler ignores expanding GOP Voter Registration Fraud Scandal, rants about evidence-free 'Dem Voter Fraud' at Tea Party event...

CRIMINAL PROBE LAUNCHED INTO GOP VOTER REGISTRATION FRAUD SCANDAL IN FL
FL Dept. of Law Enforcement confirms 'enough evidence to warrant full-blown investigation'; Election officials told fraudulent forms 'may become evidence in court'...

Brad Breaks PA Photo ID & GOP Registration Fraud Scandal News on Hartmann TV
Another visit on Thom Hartmann's Big Picture with new news on several developing Election Integrity stories...

CAUGHT ON TAPE: COORDINATED NATIONWIDE GOP VOTER REG SCAM
The GOP Voter Registration Fraud Scandal reveals insidious nationwide registration scheme to keep Obama supporters from even registering to vote...

CRIMINAL ELECTION FRAUD COMPLAINT FILED AGAINST GOP 'FRAUD' FIRM
Scandal spreads to 11 FL counties, other states; RNC, Romney try to contain damage, split from GOP operative...

RICK SCOTT GETS ROLLED IN GOP REGISTRATION FRAUD SCANDAL
Rep. Ted Deutch (D-FL) sends blistering letter to Gov. Rick Scott (R) demanding bi-partisan reg fraud probe in FL; Slams 'shocking and hypocritical' silence, lack of action...

VIDEO: Brad Breaks GOP Reg Fraud Scandal on Hartmann TV
Breaking coverage as the RNC fires their Romney-tied voter registration firm, Strategic Allied Consulting...

RNC FIRES NATIONAL VOTER REGISTRATION FIRM FOR FRAUD
After FL & NC GOP fire Romney-tied group, RNC does same; Dead people found reg'd as new voters; RNC paid firm over $3m over 2 months in 5 battleground states...

EXCLUSIVE: Intvw w/ FL Official Who First Discovered GOP Reg Fraud
After fraudulent registration forms from Romney-tied GOP firm found in Palm Beach, Election Supe says state's 'fraud'-obsessed top election official failed to return call...

GOP REGISTRATION FRAUD FOUND IN FL
State GOP fires Romney-tied registration firm after fraudulent forms found in Palm Beach; Firm hired 'at request of RNC' in FL, NC, VA, NV & CO...
The Secret Koch Brothers Tapes...


Guest: Duncan Buell Ph.D. of Univ. of SC; Also: Me and Alex Jones...
By Brad Friedman on 11/14/2024 6:38pm PT  

Computer scientists, cybersecurity experts and voting systems experts are concerned following last week's election. One of them joins us to explain on today's BradCast. Also, some personal recollections today, for reasons you will learn if you haven't already, of rightwing conspiracy-monger Alex Jones. [Audio link to full show follows this summary.]

As our friends at the nonpartisan government watchdog Free Speech for People announced on Wednesday, "A group of computer security experts have written to Vice President Kamala Harris to alert her to the fact that voting systems were breached by Trump allies in 2021 and 2022 and to urge her to seek recounts in key states to ensure election verification." The well-respected experts are hoping she will use her standing as candidate for President to seek hand recounts of paper ballots, or at least smaller so-called Risk Limiting Audits, to assure the results reported from the November 5, 2024 election are accurate as per voter intent. The vast majority of results reported at this time, and prior to certification, are tabulated only by computers --- either correctly or incorrectly. It's impossible to know without a hand examination.

The scientists and security expert concerns, as they explain in their 5-page missive [PDF] to the Veep, spring from the fact that Donald Trump supporters, following the 2020 election, unlawfully breached proprietary voting systems in a number of states, then copied and distributed the software to an unknown number of people.

We have reported here in great detail on a number of those breaches over the past several years, including most intensively in Coffee County, Georgia. There, a number of Trump supporters unlawfully accessed the statewide voting systems beginning on January 7, 2021 --- the day after the attempted U.S. Capitol insurrection --- and, as one of the participants noted on a recorded phone call, "scanned all the equipment, imaged all the hard drives and scanned every single ballot." Several members of that effort, including Trump attorney Sidney Powell, were eventually charged with felony crimes as part of Fulton County's sweeping racketeering case filed against Trump and 18 co-conspirators.

As the security experts explain in their letter to Harris, "Possessing copies of the voting system software enables bad actors to install it on electronic devices and to create their own working replicas of the voting systems, probe them, and develop exploits. Skilled adversaries can decompile the software to get a version of the source code, study it for vulnerabilities, and could even develop malware designed to be installed with minimal physical access to the voting equipment by unskilled accomplices to manipulate the vote counts. Attacks could also be launched by compromising the vendors responsible for programming systems before elections, enabling large-scale distribution of malware."

Following the discovery of the Coffee County breach in Georgia, the state's voting system vendor, Dominion, issued security patches, which the U.S. Cybersecurity and Infrastructure Security Agency (CISA) strongly urged jurisdictions around the nation which use those same systems to apply immediately. GA's Sec. of State Brad Raffensperger, however, refused to do so before the 2024 election.

"In the light of the breaches we ask that you formally request hand recounts in at least the states of Michigan, Nevada, Wisconsin, and Pennsylvania," the security experts request in their letter, while clarifying for those who may try to confuse them with Trump's "Stop the Stealers" who falsely claimed fraud in the 2020 election: "We have no evidence that the outcomes of the elections in those states were actually compromised as a result of the security breaches, and we are not suggesting that they were. But binding risk-limiting audits (RLAs) or hand recounts should be routine for all elections, especially when the stakes are high and the results are close. We believe that, under the current circumstances when massive software breaches are known and documented, recounts are necessary and appropriate to remove all potential doubt and to set an example for security best practices in all elections."

They urge Harris to move quickly because, while post-election audits of varying quality are carried out in a number of key states, many will be conducted only after certification and after the window to seek recounts that could affect election results has closed.

We're joined today by one of the seven letter writers, Professor DUNCAN BUELL Ph.D., NCR Chair Emeritus in Computer Science and Engineering at the University of South Carolina. Buell has been studying and serving as an expert on computerized electronic voting and tabulation systems for decades now.

"It's crap software," Buell tells me bluntly about systems made by ES&S, the nation's largest vendor, whose software he has studied most closely. "We know that most of the ES&S system has been exported to the web and is available to any and all bad actors. We know for sure that the Dominion system has been exported and is available. And we know from studies of both systems that they fail to provide the kinds of security issues that would prevent bad things from happening," he says.

"Given what we know, that all of this horrible software has gone into the wild, the prudent election director will take absolutely every possible method to verify that the results are, in fact, correct." But, Buell explains, unless ballots are examined by hand, "we don't know that the results we are seeing are actually the results."

He describes the software in question --- as Georgia's Attorney General did prior to the revelation of the Coffee County breach --- as "the keys to the kingdom" and argues that it is "absolutely bananas" that the tabulation of ballots and programming of the software is not verified.

We cover much more in our conversation, including a number of large, if still-unexplained tabulation errors (that were luckily discovered during canvassing) in states like Pennsylvania and Michigan; questions about a reportedly, unusually large number of so-called "bullet ballots" featuring just one single vote in last week's election, but only in battleground states; and several ways to improve the systems in the future to allow more oversight of election results to the public.

ALSO TODAY....

  • Rightwing conspiracy theorist Alex Jones' Infowars website, archives, equipment, studio and more have been obtained through auction by the beloved satirical website, The Onion. The purchase is part of a judge-ordered liquidation of Jones' assets following a hard-fought, nearly $1.5 billion judgement against him won by the families of victims of the 2012 Sandy Hook Elementary School massacre, which Jones spent years decrying as a "hoax". I take the opportunity today to share a few of my own personal recollections of my run-ins with Jones in years past.
  • And finally, Desi Doyen joins us for our latest Green News Report, as New York and New Jersey grapple with record drought and autumn wildfires, as climate advocates from around the globe seek solutions at the latest U.N. Climate Summit in the wake of the election of climate change denier Donald Trump, and his vows to roll back progress from the last four years...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Voting system expert Marilyn Marks on the wildly misreported Georgia news and what voters really SHOULD be worried about instead...
By Brad Friedman on 9/23/2024 6:45pm PT  

Today on The BradCast: Rachel Maddow is an excellent broadcaster. But, boy, did she fall --- along with a bunch of other mainstream corporate media outlets on Friday --- for a wildly misleading spin on a new rule adopted last week by the Georgia State Board of Elections in advance of this November's elections. [Audio link to full show follows this summary.]

Before we get to an expert to help set the record straight on this matter today, to explain how virtually everyone from WaPo to New York Times to Atlanta Journal Constitution to, yes, Maddow got it wrong...a few quick news items of note...

  • It's possible, with Hurricane John about to slam into the West Coast of Mexico in the Pacific, and a different storm to be named Helene quickly spinning up in the Atlantic, that by week's end --- if John crosses the Mexican peninsula and enters the Gulf --- we could have two major hurricanes, both threatening landfall in the Gulf of Mexico at the same time. Climate change is wacky fun, in't?
  • Nearly 500 are confirmed killed and more than 1,000 injured near Lebanon's border with Israel on Monday, as Prime Minister Benjamin Netanyahu ordered the deadliest barrage on Hezbollah since the 2006 Israel-Hezbollah war. All of which is meant to extend the Israeli PM's time in office and out of jail on corruption charges filed well before his war on Gaza --- and even war crimes charges that are likely to come his way if and when he is ever finally removed from office. Hezbollah reportedly fired thousands of rockets in return at Israel.
  • Congressional leaders have reportedly reached a deal to keep the Government open after the end of this month, as the new fiscal year begins on October 1. The deal would continuing funding the Government until at least December 20. The agreement to prevent a government shutdown just weeks before the Presidential election --- when every member of the U.S. House and one-third of the U.S. Senate will be on the ballot --- comes as House Speaker Mike Johnson gave up on a measure Donald Trump was insisting on to make it a crime for non-citizens to vote (which is already unlawful under federal law). We'll see if the agreement is finalized by both chambers, and whether Republicans will then send us over yet another fiscal cliff this Christmas.
  • Newly released FBI data find violent crime in America, including murder, dropped precipitously from 2022 to 2023.
  • The U.S. economy continues to outpace the rest of the developed world and the stock market remains at all-time record levels under the Biden-Harris Administration, even as Donald Trump's failing media company, which trades on the NASDAQ as DJT, plummeted another 10% on Monday to a new all-time low since going public, as the race is on to meet my prediction that his loser of a company could become a penny stock by Election Day!
  • And, speaking of Trump grifts, it looks like Melania Trump, who has barely appeared on the campaign trail this season, was paid nearly $240,000 to speak at a political fundraiser at her own home in Mar-a-Lago last April. Who wrote the check to her remains unknown at this time.

And then, it's on to the story which has apparently freaked out Democrats and voting rights advocates since it was first misreported by pretty much everybody on Friday. That was the day that three Trump-supporting MAGA election denialists on the Georgia State Elections Board adopted a new rule requiring hand-counting at each precinct at the end of election night.

But the new rule requires only the hand-counting of the number of ballots cast at the precinct --- not the actual results on those ballots, as many have misreported --- before they are sealed up and sent to county headquarters.

Similar reconciliation of the number of ballots cast against the number of voters who signed in to the poll books or to the number of pages reported as scanned by the precinct tabulators, are carried out in many of other states without problem at the end of election night.

According to our guest today, an expert in Georgia's terrible touchscreen voting and scanning system, the process is likely to take anywhere from 15 minutes to a half an hour after the close of polls. But you wouldn't know that from the mainstream media coverage, with Democrats and Republican election officials alike in Georgia, screaming bloody murder that this new rule would lead to inaccurate tallies, delays in the count, and potentially add "months" to the time it will take to tally up results in the Peach State this year!

We're joined again today by the great MARILYN MARKS, longtime voting system expert and Executive Director of the Coalition for Good Governance. Her non-partisan organization is responsible for the federal lawsuit that ultimately banned Georgia's unverifiable, insecure touchscreen voting systems made by Diebold, only to see them replaced by Republican Sec. of State Brad Raffensperger with similarly unverifiable and insecure touchscreen systems made by Dominion. She is also the woman who discovered and exposed the MAGA breach, copy and distribution of statewide voting system software in Coffee County, GA that resulted in criminal charges against five people, including Sidney Powell, in the state's racketeering felony indictment against Donald Trump and many others.

As Marks explains today, the mainstream media outlets were misreporting on Friday's new hand-count of the number of ballots cast rule "out of hysteria for no good reason." She confirms that "it's simply a ballot counting rule that most states have," allowing them to "know how many ballots you have collected" and to confirm that number before ballots are moved anywhere. "That is a common-sense rule. It will take about 20 minutes at most to implement at most of the polling places in Georgia --- that's a rough estimate --- and it is a safeguard on a lot of different things."

"If there are major discrepancies," between the number of ballots and the number signed into the poll books, she says, "that's the time to figure it out, not after all the equipment and people get moved."

Many Democrats --- justifiably --- fear that, if Trump loses in the state again, some Republican officials on the election boards at both the state and county level are hoping to find ways to create havoc and chaos that could delay certification and ultimately place the actual election results in doubt, leading to challenges in Court or Congress on January 6th next year.

"We seem to be in such a hyper-partisan environment right now," says Marks, "that if we can throw some mud, true or not, on the other side, it's a way to build enthusiasm for our team." But that, she suggests, is short-sighted and unhelpful given the very REAL concerns about the election in Georgia (and elsewhere.)

We also discuss, some of the very good reasons that Democrats should be concerned about the reported results in Georgia this year, particularly given the software breach of statewide voting systems in Coffee County that Sec. Raffensperger has refused to mitigate in any way before the 2024 election, including with software patches distributed by Dominion.

Marks is concerned by the "chaos" that could be caused by someone exploiting the Coffee County caper. "It would be so easy for someone to shut down the system by just writing code that would shut down all the machines at 10am on Election Day," she offers by way of just one example. "There's nothing Georgia could do about it. They are not prepared." In response, I offer an even simpler and arguably more chilling scenario at how a tiny group of people can create utter havoc in the state by simply claiming that the state's touchscreen systems have misprinted their ballots --- whether that's true or not. There is no way, with the systems, to determine if they are telling the truth.

Tune in for more on those actually real concerns about GA elections, as well as Marks' tips for voters in both Georgia and other states, including North Carolina, California, and anywhere else that voters may be forced to vote on a 100% unverifiable touchscreen voting systems at the polling place this year...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Election expert Marilyn Marks of Coalition for Good Governance; Also: A breakthrough in Israel/Gaza cease-fire negotiations?...
By Brad Friedman on 8/19/2024 6:22pm PT  

We've got a bit of a contrarian view on today's BradCast on a few recent, reportedly alarming election developments in the battleground state of Georgia. But that contrarian view happens to come from one of the nation's most knowledgeable experts when it comes to the way the Peach State runs their elections. [Audio link to full show follows this summary.]

First up, a few news headlines today, including a potential breakthrough in the Israel/Gaza war, with Israel reportedly agreeing to terms for a cease-fire and hostage release, according to U.S. Sec. of State Antony Blinken on Monday. There are few specifics available, and Hamas has yet to agree to the terms, so we will see if it actually comes to pass this time. I remain hopeful but dubious, for reasons discussed on today's show.

Then, you may have heard in recent days, about loud concerns from Democrats regarding new rules for this November's elections being promulgated by the Georgia State Board of Elections. The SEB is a five-person board with four appointed Republicans, three of whom are dyed-in-the-wool MAGA election deniers, and just one Democrat. The three MAGA members were recently called out by name by Donald Trump during one of his recent rallies in Atlanta, where he described the three as "on fire", "doing a great job", and "pit-bulls fighting for honesty, transparency and victory."

Of course, state elections boards are supposed to be largely neutral facilitators of state election law, as opposed to fighting for "victory" for any particular candidate or party. But, apparently, that's not the case in Georgia these days, where the SEB has adopted a number of new rules --- pushed by some notorious GOP "voter fraud" villains --- which critics on the left describe as a threat to the integrity of this year's elections in the state.

In short, the critique is that the new rules, allowing the state's 159 county boards of election to carry out a "reasonable inquiry" into allegations of fraud, error or miscount during the canvass before certifying results as "true and accurate" in their county this November, could end up delaying the ministerial and mandatory certification of results beyond the state and even federal deadlines. That would result in chaos that could take the decision of who won the election away from voters, and hand it to the far-right Republican-majority state legislature to determine, or to the Trump-packed courts, or even to a GOP-majority in the U.S. House to determine who will become the next President.

As Rolling Stone recently reported, there is reason to be concerned about MAGA election officials who may try to block certification --- in the event Trump loses again --- in a bunch of battleground states. Moreover, a bunch of otherwise respectable media outlets --- from The Guardian, to the New York Times to the Washington Post to even ProPublica and Rachel Maddow --- have all been misreporting in recent days that these new rules would allow election official to delay certification beyond Georgia's deadline for county certification of 5pm on the Monday following the election.

But my guest today says that is not only inaccurate, but that Democrats may ultimately be shooting themselves in the foot by putting up such a fight against the notion that a "reasonable inquiry" may be in order in a number of counties this year, given the opaque, unverifiable, insecure touchscreen voting systems forced on voters at the polling place by Republican Sec. of State Brad Raffensperger and the terrible way in which he runs elections in the state.

We're joined once again today by MARILYN MARKS, Executive Director of the non-profit Coalition for Good Governance (CGG). Her organization successfully sued the state of Georgia in federal court in 2019 to ban the state's 100% unverifiable touchscreen voting systems made by Diebold back, only to see Raffensperger replace them with newer 100% unverifiable and insecure touchscreen voting systems made by Dominion. (CGG's lawsuit continues, following a trial earlier this year to ban the new systems as well. They still await a verdict from the same federal judge who banned the older systems, and hope to seem them finally replaced with verifiable hand-marked paper ballots. Marks is also the one who first exposed Team Trump's unlawful breach, copy and distribution of Georgia's statewide voting system software in Coffee County, resulting in the indictments of five co-conspirators, including Sidney Powell, in Fulton County D.A. Fani Willis' sprawling conspiracy case against Donald Trump for his attempts to steal GA's 2020 election.)

Marks argues today that the SEB's new administrative rule language, allowing for "reasonable inquiry", cannot be used to block certification. She says the worries are unwarranted, as administrative rules cannot be used to overcome statutory deadlines for certification. (Law professor Derek Muller recently appeared to agree with her.) She concurs that Republicans are likely to try and bollocks up this year's election any way that they can --- in Georgia and elsewhere --- but that the SEB's new rules for "reasonable inquiry" about election results, and a similar one allowing county election officials to review "election-related documentation" before mandatory certification, are not quite as alarming as many Democrats are warning.

Marks tells me that many of the organizations and media outlets misreporting the rule and state law "are from out of state. They are assuming that Georgia is like a normal state, and that Georgia actually has good elections, that numbers reconcile, that ballots are counted well. The problem is that Georgia does not have a reasonable system for counting ballots." She argues that Dems may want to be careful about what they wish for when fighting against "reasonable inquiry" regarding results this year.

"What these rules actually do is help the Democrats," Marks argues. "Because they are going to need to do everything possible to protect --- if Harris wins, and you know it's going to be close --- if Harris wins, they'll have to do everything possible to protect that win. And without some of these transparency measures, they would have a hell of a fight."

If she's right, why then are so many respectable media outlets misreporting the actual rules changes? "I think it's a game of telephone, that somebody started this, saying, 'Oh, they adopted a rule to delay certification...' And then nobody is going back and looking at the actual words of the rules that were actually passed. The rules that were passed actually reinforce the deadlines." CGG makes that abundantly clear in a detailed fact-check newsletter sent to members on Sunday night.

And why, then, are so many of the GOP "voter fraud" fraudsters --- from Trump to Cleta Mitchell to Hans von Spakovsky --- pushing these measures so hard at the State Elections Board in Georgia?

"Yeah, it's worrisome who is promoting it," Marks concedes. "But the Democrats should be one-upping them, and promoting these very same concepts, but doing it with better legal language, with more precision. And doing do it to be certain that they, the Democrats, are not sitting outside with their noses pressed against the windowpane, not able to figure out what's going on with the vote-counting" in November. "Let's don't make it easier for the people who have already told us, 'We are going to try to upend the election if we don't like the results,'" she warns.

As CGG concluded their fact-check newsletter last night: "In Georgia, it should be clear that more election transparency, citizen oversight, accuracy, and accountability are essential—not less!" Tune in to today's show for much more on this topic, from someone who knows Georgia elections better than just about anyone at this point. You may feel somewhat better about what the SEB is doing...or you may not...even if there is still plenty of reason to be concerned about this year's elections --- in Georgia, and everywhere else...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Pandora, TuneIn, Google, Amazon or our native RSS feed!

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Guest: Election integrity expert Marilyn Marks; Also: Stormy takes the stand in NY; GA's Republican former Lt. Gov. endorses Biden...
By Brad Friedman on 5/7/2024 6:37pm PT  

On today's BradCast: A new cybersecurity incident has emerged in Coffee County, Georgia. That's the now-notorious rural enclave in the southeastern part of the Presidential battleground state where Donald Trump allies and operatives, in January of 2021, unlawfully breached, copied and distributed the state's proprietary touchscreen voting system software after the 2020 Presidential election. Five participants in that breach were charged with felonies as part of the broad racketeering conspiracy case against Trump filed in Fulton County, GA. [Audio link to full show follows this summary.]

Before we get there today, however, some quick news on Trump's New York criminal trial, where he stands accused of 34 felonies related to hush-money payments made just before the 2016 election to porn star Stormy Daniels. She took the stand today. We cover a few quick details, but will cover that and other related news in more depth on tomorrow's mid-week Trump Trial "Ketchup" program.

Also today, we're happy to announce another very rarely-bestowed BRAD BLOG Intellectually Honest Conservative Award. This one for Georgia's Republican former Lt. Governor Geoff Duncan. The prestigious honor comes in response to his courageous op-ed in the Atlanta Journal Constitution this week, in which he endorsed Joe Biden and encouraged fellow Never Trump Republicans to do the same, noting, "Unlike Trump, I’ve belonged to the GOP my entire life. This November, I am voting for a decent person I disagree with on policy over a criminal defendant without a moral compass."

Then, it's back to Georgia, where the Coffee County Board of Commissioners released a notice [PDF] late last month that they'd been notified by the U.S. Dept. of Homeland Security (DHS) and its Cybersecurity and Infrastructure Security Agency (CISA), 11 days earlier, about "unusual cyberactivity" on the County's local IT system. The terse statement from the County confirmed indications of "cyber-activity by an unknown malicious actor(s)". It claimed that "Steps have been taken to further secure the network and protect Coffee County's IT infrastructure", while noting that it had "informed Federal Authorities of the incident". (Yes, that would seemingly be the same incident that the very same press release says Federal Authorities, DHS and CISA, notified THEM about.)

We're joined today by longtime Election Integrity and Transparency champion MARILYN MARKS of the Coalition for Good Governance (CGG). Marks was the one who first learned about Team Trump's unlawful breach of GA's statewide voting system hardware and software in Coffee County that first took place on January 7, 2021 (the day after Trump's insurrection at the U.S. Capitol.) Her revelations resulted in the charges filed by Fulton County District Attorney Fani Willis against Trump attorney Sidney Powell (who pleaded guilty) and others involved in the Coffee County break in.

As Director of CGG, Marks is also the plaintiff in civil lawsuit in federal court, filed in 2017, seeking to ban GA Sec. of State Brad Raffensperger's mandated use of the state's easily-hacked, unverifiable touchscreen voting systems in favor of verifiable hand-marked paper ballots. The trial in that long-running case, known as Curling v. Raffensperger, was finally held in January of this year. As Marks explains today, plaintiffs are still waiting on a verdict from U.S. District Court Judge Amy Totenberg who oversaw the trial, which included demonstrations from plaintiffs' experts revealing that Raffensperger's systems can be hacked by any voter at the polling place with nothing more than a ballpoint pen.

Today, Marks charges that Coffee County appears to have "hid and concealed" information about the new cybersecurity incident from the Sec. of State's office "for some number of days." Though little is still known publicly about the new hack, she is troubled by the news. "This cannot just be coincidence that there have been two such cyberattacks this year on counties, one in Fulton and one in Coffee. That's it. The two counties that have a lot of information challenging Trump and his allies related to [the earlier breach in Coffee] and the theft of the [voting] software to begin with."

We also get an update from Marks on the status of the Curling case, where it is getting very late in the election year for the judge to issue a ruling that would require Georgia to make hand-marked paper ballots available to voters at the polls this November. Marks, however, remains ever hopeful, noting that the move to hand-marked ballots would require no new equipment above and beyond what is already available at each GA precinct.

Marks also discusses a new Georgia law (signed by Gov. Brian Kemp this evening) that will eventually ban the use of tabulation via QRCodes on computer-marked ballots, requiring computer scanners to tabulate from the ballots' human-readable text that is supposedly verified by voters after it is printed and before its cast. Unfortunately, as she explains, that bill, even if implemented in 2026 as mandated by the legislation, will not make the state's touchscreen Ballot Marking Devices any less vulnerable to manipulation or any more verifiable by the public after an election.

Marks, whose organization found no evidence that Biden's 2020 victory in the Peach State was decided incorrectly, is also offering testimony this week to the GA State Board of Elections, advocating that recounts in the state must be carried out by hand, rather than by the same computerized scanners that tallied ballots in the first place.

"The state law is quite clear, a recount is to be done by hand, for obvious reasons such as the machine [used to tally ballots] is coded wrong," she explains. Otherwise, she adds, you're going to get the same incorrect results "if you just run the ballot back through the machine that is miscoded."

The reason that Trump supporters are still arguing over the 2020 tally in the state, she believes, is thanks to the lack of a public hand-count after that very close election. Raffensperger insisted on a machine tally instead. "All of that could have been solved if they had done a manual recount, as the law required. Which would have allowed Trump to appoint a counter at every table, handle every single ballot. And they would have had a hard time arguing then about counterfeit ballots, wrong counts, no transparency," Marks tells me. "A lot of the problems that we've lived with now over three years would have been solved if they had just followed the law and done a manual recount."

Finally today, we close with our latest Green News Report, with Desi Doyen's coverage of relentless rain and deadly flooding in both Brazil and Houston; the hottest April ever recorded on Planet Earth; and President Biden's unveiling of billions of dollars to spur clean energy production in rural areas and the removal and replacement of toxic lead water pipes across the nation...

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Guest: Plaintiff advisor Susan Greenhalgh of Free Speech for People; Also: Trump case delays; U.S. retaliation in Middle East; Deluge in SoCal...
By Brad Friedman on 2/5/2024 6:28pm PT  

The long-awaited trial over Georgia's vulnerable voting systems has finally come to a close. As reported on today's BradCast: Last month, one of the plaintiffs' experts demonstrated in court that the state's vulnerable touchscreen voting systems can be hacked in about 5 seconds by one person, with nothing more than a ballpoint pen. And the state, for its part, defended itself by demonstrating that apparently nobody --- nobody! --- is in charge of cybersecurity for the statewide computerized voting systems used by every voter at every polling place in the critical battleground state. [Audio link to full story follows below this summary.]

After a few quick news updates at the top of the show --- including on the climate change-fueled atmospheric river raining down on us out here in Southern California today --- we're joined LIVE in studio by Free Speech for People's Senior Advisor on Election Security, SUSAN GREENHALGH, on the heels of the three-week civil trial in federal court that finally wrapped up late last month.

The case, originally filed way back in 2017, is called Curling v. Raffensperger. Plaintiffs are election integrity experts (real ones, not pretend Trump ones) challenging the use of Georgia's touchscreen voting systems, hoping to force the state to move from vulnerable, unverifiable touchscreens to verifiable hand-marked paper ballots before the 2024 Presidential election. Greenhalgh has been advising plaintiffs in the case for a number of years. She was in the courtroom in Atlanta last month for much of the trial which began on January 9 and ended just over a week ago. (Daily court transcripts for each day of the trial are now posted here.)

The suit is led by the Coalition for Good Governance, a non-partisan election watchdog group headed up by frequent BradCast guest Marilyn Marks. It was during the course of pre-trial discovery that Marks discovered that Trump-lawyer Sidney Powell, and others on Team Trump, actually organized a scheme to breach the statewide voting systems in the Coffee County, GA elections office beginning on January 7th, 2021. The were given access to the systems by the local elections supervisor at the time and proceeded to copy its sensitive software before distributing it to parts unknown across the Internet. The unprecedented breach of GA's touchscreen voting systems and the central Election Management System (EMS), was never actually investigated by Sec. of State Brad Raffensperger's office. It did, however, result in criminal charges against five co-conspirators among the 18 others charged along with Donald Trump in Fulton County, GA's broad felony indictment for his failed attempt to steal the state's 2020 Presidential election.

This civil case, however --- filed in federal court long before Trump pretended to have won the 2020 election --- seeks only to end the use of the state's vulnerable Dominion touchscreen systems. During the course of the trial, the plaintiff's expert, Dr. Alex Halderman, long time cybersecurity and voting system expert from the University of Michigan, demonstrated how he could take over control of one of the voting machines with little more than a ballpoint pen, without violating any of Georgia's security protocols or so-called "tamper evident security seals." In just seconds, Halderman revealed to the court how he could achieve "Super User Access" on the machines, allowing a bad guy to insert malware or take over any other number of system functions in that administrative mode. (Halderman has made clear he has found no evidence of fraud in GA's 2020 election.)

During the course of the trial, as Greenhalgh reports today, the state's Election Director conceded he didn't even know such a hack was possible, despite a detailed report Halderman submitted in the case several years ago. The State Election Director, apparently, never bothered to read it.

The State, however, for its part, maintains their systems are completely secure, despite a mountain of expert evidence to the contrary. Sec. of State Raffensperger is responsible for mandating the use of these machines for every voter at every polling place in the state. That, after the same judge in the same case, back in 2019, banned the use of the state's 20-year old touchscreens made by Diebold. Rather than move to hand-marked paper ballots, Raffensperger ignored the advise of cybersecurity and voting system experts and replaced the old Diebold touchscreens with new ones made by Dominion, with many of the same (and additional!) security flaws as the old systems.

During the course of the trial, as Greenhalgh breaks down today, nobody from the Office of Sec. of State was willing to identify who was in charge of cybersecurity for the 35,000 voting machines used across Georgia. "There was a bit of a 'Who's On First' routine" during the trial, she explains. The State Election Director, for example, testified that cybersecurity was the job of the State's Chief Information Officer (CIO). The CIO, however, testified that wasn't part of his portfolio, pointing back at the State Election Director. Raffensperger's office finally seemed to have settled on Dominion as the ones who were in charge of cybersecurity for Dominion voting systems in GA, the same company who created the vulnerable systems in the first place. "The Fox guarding the hen-house," quipped Greenhalgh.

Nobody from Dominion testified during the trial, she explained. And Raffensperger was similarly allowed to avoid testimony after appealing the District Court's mandate to do so up to the 11th Circuit Court of Appeals, which allowed him off the hook just days before the trial finally got underway. That, as his offices refuses to apply security patches urgently recommended by the U.S. Cybersecurity and Infrastructure Agency (CISA) based on the information in Halderman's report on GA's voting systems.

During the course of the trial, the judge, says Greenhalgh, cited "inconsistent candor" of state officials. As to the Coffee County Breach, she notes, the Sec. of State's "investigator got up on the stand and, under oath, said, 'I was told to hold off and not investigate.' He was asked specifically: 'So, did you perform any investigation activities?' 'No.' 'Did anyone else?' 'No, not to my knowledge...No, there was no investigation.'"

As you can tell, there is much to discuss with Greenhalgh on today's sorta mind-blowing edition of The BradCast, after the State's Defense rested and we now await a verdict from U.S. District Court Judge Amy Totenberg. That ruling could finally come...well, whenever. No rush. The Presidential Primary in Georgia is on Super Tuesday, March 5, exactly one month from today. Is it possible a ruling could come in time to save the 2024 general election this November?

We discuss all of that and much more with Greenhalgh on today's program. Buckle up...

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Guest: Voting system expert Susan Greenhalgh of Free Speech for People; Also: Our COVID chronicles continue; Biden charges Trump an 'insurrectionist', tried to 'steal' 2020 election...
By Brad Friedman on 1/8/2024 6:05pm PT  

We're still fighting COVID, but we think we're almost over the hump on today's BradCast, just as a long awaited voting system trial in a critical swing-state is finally set to begin. [Audio link to full show follows this summary.]

On Friday, just as Desi had days earlier, I too tested positive for COVID. After avoiding it for four years, we both finally got hit. But, thanks to keeping up with our boosters, free rapid home tests and the miracle anti-viral drug Paxlovid, both she and I are almost back to normal this week. She is now testing negative and I am, very faintly, still positive, but suspect I'll be fully clear by tomorrow. Most of our symptoms are gone and, most importantly --- because we were both positive --- we're able to be in the same room again! So, I think we're finally back to our usual schedule after an unexpectedly long holiday break and a bumpy start to what is likely to be a very bumpy new year.

As it turns out, we're not the only ones swept up among the largest spate of cases in the U.S. since the initial Omicron wave back in late 2021. Cases, hospitalizations and deaths are still on the rise. If you haven't already, please get your COVID and flu shots this year, as that is also seeing a big bump right now. And, if you want to get over COVID quickly, ask your doctor for Paxlovid as soon as you test positive, because it must be taken right away. It has certainly worked wonders, so far, for us.

With that medical sidebar out of the way, for now, we're back to the grind of the 2024 elections and the former President's threat to American democracy itself on today's program. Last week, Donald Trump failed to sign a pledge against advocating for the overthrow of the government in his Illinois candidacy paperwork, despite signing the optional pledge when he ran in both 2016 and 2020.

And, on Friday, President Biden, in his campaign launch in Valley Forge, Pennsylvania, called out Trump, by name (44 times), including as an "insurrectionist". During his remarks, marking the third anniversary of Trump's deadly January 6, 2021 U.S. Capitol attack, Biden also finally took our advice in calling out Trump in plain language for what he tried to do in 2020: "In trying to rewrite the facts of January 6th, Trump is trying to steal history the same way he tried to steal the election."

Thank you, Mr. President.

As to helping to prevent another attempted election theft in 2024, the long-awaited federal trial finally begins in Georgia this week in Curling v. Raffensperger, the 2017 lawsuit led by our friend Marilyn Marks of the Coalition for Good Governance. The suit seeks to the block the use of Georgia's insecure, unverifiable touchscreen voting systems made by Dominion and see them replaced with verifiable hand-marked paper ballots in the battleground state.

In 2019, the federal judge overseeing the case, U.S. District Judge Amy Totenberg, blocked the further use of the state's old touchscreen voting systems made by Diebold, finding them to have unconstitutional security infirmities. Unfortunately, against the advice of cybersecurity and voting system experts, GA's Republican Sec. of State Brad Raffensperger then moved the entire state to touchscreens made by a different manufacturer with many of the same problems featured in the old systems.

This is also the case which uncovered, during the discovery phase in 2022, the now-notorious Coffee County, GA voting system software breach by Team Trump. That unprecedented theft and distribution of sensitive voting system software resulted in the indictment [PDF] of Trump attorney and breach organizer Sidney Powell as part of Fulton County, GA District Attorney Fani Willis' criminal conspiracy charges against the disgraced former President and 18 co-conspirators.

As Washington Post detailed in its own lengthy preview on Sunday, the trial, set to begin this week, has already resulted in MAGA election deniers and conspiracists like MyPillow CEO Mike Lindell pretending to be vindicated by one of the judge's earlier rulings finding that the Curling plaintiffs, unlike Lindell, are not "conspiracy theorists of any variety" and that, as Judge Totenberg found, they have the support of "some of the nation's leading cybersecurity experts and computer scientists."

Those scientists and experts have documented how the touchscreen systems used across the entirety of Georgia (and in jurisdictions in more than a dozen states) are wildly "vulnerable" to hacking and system failure, even as no evidence has been found that the 2020 or 2022 elections were actually hacked. As Judge Totenberg noted in a 2020 ruling, the plaintiffs "convincingly present evidence that this is not a question of 'might this actually ever happen?' - but 'when it will happen,' especially if further protective measures are not taken."

We're joined today by SUSAN GREENHALGH, Senior Advisor on Election Security at Free Speech for People. She has worked very closely on this case with the plaintiffs from Coalition for Good Governance and has joined us on the program many times to discuss it since it was initially filed seven years ago.

Among the details discussed in today's "curtain raiser" before trial: How Democrats have become frightened of challenging unverifiable voting systems in the wake of the MAGA election denial movement. The gob-smacking ruling on Friday from the 11th Circuit Court of Appeals that Raffensperger does not have to testify as a witness, despite the lower court judge ordering him to do so, and Raffensberger's insistence [PDF] in his own recent book, amusingly titled Integrity Counts, that "the ultimate fact-check in the United States...occurs in courts of law, where witnesses swear to tell the truth or risk imprisonment and where lawyers must also tell the truth or risk disbarment. If you want to know the truth, watch what happens in court."

Sadly, we won't be able to watch Raffensperger in court. He fought tooth and nail up to the appellate level to avoid 75 minutes of testimony as a witness in the Curling case.

Also, as Greenhalgh explains today, Raffensperger has now ordered the election security reviewer at the Sec. of State Office's "not to provide any reports in writing any longer, to only give them orally." She describes the order as "really strange," begging the question, yet again, as to why the rightwing 11th Circuit would allow Raffensperger to avoid testifying.

"There are a lot of questions that Raffensperger should be answering," she argues, while noting that despite the absence of the guy who, in defiance of experts, ordered the use of these machines in the first place --- and then failed to investigate the 2021 MAGA breach and distribution of statewide voting system software in Coffee County for more than a year --- there is still plenty of evidence for plaintiffs to make their case against these godforsaken, unreliable, unnecessary voting computers in advance of the 2024 general election.

"There are a lot of questions that really should have been answered by Raffensperger," Greenhalgh laments, before adding : "But they still have overwhelming evidence."

The trial is scheduled to begin in federal court in Atlanta on Tuesday...

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Guest: Lawfare's Anna Bower on inexplicable omissions in the Georgia state agency's long-awaited, nearly 400-page criminal investigation...
By Brad Friedman on 11/29/2023 5:46pm PT  

This is just getting ridiculous. As detailed on today's BradCast, the long-awaited, criminal report from the Georgia Bureau of Investigation (GBI) on Team Trump's unlawful January 7, 2021 breach, copying and distribution of Georgia's statewide voting system software in rural Coffee County, appears to leave out more than it includes! [Audio link to full show follows below this summary.]

Our guest today is ANNA BOWER, Legal Fellow and Courts Correspondent at Lawfare. She recently obtained the report [PDF] and yesterday published extensive coverage under the headline, "What the GBI Missed in Coffee County: At almost 400 pages, the Georgia Bureau of Investigation report on the Coffee County caper looks impressive. It's not."

"One could be forgiven for thinking initially that the GBI's report on Coffee County is an authoritative account. It is, after all, nearly 400 pages long, and those pages summarize a voluminous body of evidence. ... But the document turns out to reflect a less vigorous investigation of the effort to unlawfully access the state's voting machines than may initially appear," Bowers reports.

In fact, she continues, "The document suggests, rather, that the GBI did not investigate the Coffee County affair fully at all. The agency relied almost entirely on the previous work of civil litigants [that would be frequent BradCast guest Marilyn Marks and her Coalition for Good Governance] and the House Select Committee to Investigate the January 6th Attack on the United States Capitol. It failed to seek interviews with key witnesses, and it omitted relevant evidence that is readily available in public documents."

And yet, GA's Republican Sec. of State Brad Raffensperger has been citing the GBI's long-running investigation as one of the reasons that his office has taken virtually no action over the past two and a half years in response to the unprecedented breach which threatens the legitimacy of next year's Presidential election in the critical battleground state. He has even ignored the U.S. Cybersecurity and Infrastructure Security Agency's warning to immediately apply security patches created by Dominion Voting Systems following the breach.

While Fulton County District Attorney Fani Willis has brought criminal charges [PDF] against five of Donald Trump's alleged co-conspirators involved in the scheme --- including Trump attorney Sidney Powell, Atlanta bail bondsman Scott Hall (both of whom have pleaded guilty), former Coffee County GOP Chair and fake elector Cathy Latham and former Coffee County Election Supervisor Misty Hampton (both of whom pleaded not guilty) --- there were dozens more involved in the plot that have yet to be brought to account by anyone.

Moreover, according to Bower, GA's Republican state Attorney General Chris Carr, who has also cited the GBI's criminal probe as explanation for a lack of state charges to date, has "been ill served" by his investigative department. Maybe, however, like Raffensperger and the State Board of Elections, he's just fine with that.

While there is almost zero new information of note in the GBI's long-awaited report, as Bower details on today's program, the state agency inexplicably leaves out enormous, well known chunks of the story --- such as the infamous Trump Oval Office meeting on December 18, 2020 when the Coffee County plot was hatched with Powell, Rudy Giuliani, Michael Flynn and others who were not interviewed in the agency's criminal probe. "In total," Bower explains, the GBI "interviewed only about 15 individuals" in their year and a half probe, "Many, if not most, of those interviews were conducted in under an hour."

"This account does not even attempt to answer certain key questions. Who devised the plan to access voting systems in Coffee County? When did the plan first arise? Who or what connected the then-president's attorneys to several locals in rural South Georgia? The report bizarrely omits readily available facts that help connect these dots."

On today's show, we attempt to connect at least some of the dots that the GBI didn't bother to, including those involving bedding impresario Mike Lindell and his still-unexplained, two-hour visit to the County in his private plane after flying from Mar-a-Lago to D.C. and back down to rural Southeast Georgia just prior to the breach; why the GBI would be seemingly be working so hard to cover up what actually happened; and why all of this is critically important to the state's (and nation's!) 2024 elections.

"For Georgians who care about elections, for Georgians who think that it's very serious that the then-President's legal team, aided by local allies in Coffee County, had a plot, a conspiracy, to copy and distribute Georgia's most sensitive voting system data, that is incredibly serious, and it warrants a serious investigation. And that just didn't happen here," Bower tells me.

"Georgia continues to use the same software and the Sec. of State's office has said there will not be an update before the 2024 elections. Election security experts have said that means that we could have increased risk in terms of vulnerability during the 2024 election. That software data that has been distributed and is still out in the wild from Coffee County [and] could be used for disinformation campaigns, because people can take the otherwise legitimate data, and make it look either edited or selectively presented. Adversaries could basically use that software to test it for vulnerabilities, and then potentially use that in the future for subverting the operation of that software through malware or other" means.

Federally, she observes, she has seen few signs that Special Counsel Jack Smith is investigating "these multi-state breaches. That, in itself, is concerning"...

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Guest: Marilyn Marks of plaintiff Coalition for Good Governance; Also in GA: Who leaked the Fulton County tapes?; Jail time for a Trump co-defendant?; Defamed Atlanta election workers seek millions from Rudy...
By Brad Friedman on 11/16/2023 6:57pm PT  

You may have noticed the nation is a bit of a tinder box right now. If the currently presumptive 2024 GOP nominee loses in Georgia again next year and just one precinct, out of thousands in the state, experiences something akin to what happened last week during elections in Northampton County, Pennsylvania... well, I don't even wanna think about the likely ramifications. Though we do discuss that today as part of our BradCast, which focuses almost exclusively on election-related lawsuits and criminal cases in the Peach State. Our guest is one of the plaintiffs in one of the most important cases you probably haven't heard about on your favorite cable news station. [Audio link to full show follows this summary.]

The long-awaited Curling v. Raffensperger voting system trial is finally set to begin in Atlanta in January, just after the start of the new Presidential election year in the critical battleground state Originally filed in 2017, the long-running federal lawsuit has already been extraordinarily consequential.

Among other things, it resulted in the 2019 banning of Georgia's then nearly 20-year old, unverifiable, insecure touchscreen voting systems made by Diebold after the judge still overseeing the case, U.S. District Court Judge Amy Totenberg, found the systems so deficient that their use was determined to be in violation of the U.S. Constitution.

In response, and ignoring the advice of voting system and cybersecurity experts, GA's Sec. of State Brad Raffensperger replaced the Diebold systems with newer, similarly unverifiable and insecure touchscreen voting systems made by Dominion. The plaintiffs challenged the use of those systems on similar Constitutional grounds, hoping to see the state move to verifiable hand-marked paper ballots at all polling places, where voters are now forced to vote on the unverifiable touchscreen systems. Raffensperger has refused.

As AP noted last weekend, the case also "spawned a landmark expert report that identified vulnerabilities in the election system used in Georgia that led [the US Dept. of Homeland Security's Cybersecurity and Infrastructure Security Agency (or CISA)] to issue an advisory" to all jurisdictions around the nation that use the same equipment, recommending they immediately apply security patches produced by Dominion to mitigate at least some of the systems' known insecurities. Raffensperger stunned the federal court in Atlanta earlier this year when his office announced they do not plan to apply the recommended security patches until after the 2024 Presidential election in the highly contested swing-state.

Perhaps most famously (or infamously?) the Curling case also resulted in the revelation of the January 7, 2021 statewide voting system software breach in Coffee County, GA. That led to the criminal indictment of Sidney Powell and four others, with Donald Trump, in Fulton County D.A. Fani Willis' sprawling racketeering conspiracy case against the former President and 18 alleged co-conspirators. The revelation of the unprecedented Coffee County breach, copying and Internet distribution of Dominion's sensitive software occurred when Atlanta bail bondsman, Scott Hall (who, along with Powell, has since pleaded guilty in the indictment), called and essentially confessed the entire plot to one of the plaintiffs in the 'Curling' case, who was smart enough to record the phone call. That call was originally aired by The BradCast in May of 2022.

That plaintiff, MARILYN MARKS, longtime, indefatigable election integrity champion and Executive Director of the non-profit good government group, Coalition for Good Governance, is once again our guest on today's program, as she and her team prepare for trial against Raffensperger and GA, now set by Judge Totenberg to begin on January 9th.

Late last week, Totenberg released a 135-page Opinion and Order [PDF], denying the State's attempt to dismiss the case and setting a trial date. For clarity, she took pains to note: "the record evidence does not suggest that the Plaintiffs are conspiracy theorists of any variety. Indeed, some of the nation's leading cybersecurity experts and computer scientists have provided testimony and affidavits on behalf of Plaintiffs' case in the long course of this litigation."

In the Order's conclusion, the federal judge emphasized: "The importance of the security, reliability, and functionality of state election systems, classified by the U.S. Homeland Security Department as critical national infrastructure, cannot be overstated in a world where cybersecurity challenges have exponentially increased in the last decade. The dynamics of how a breach in one part of a cyber system may potentially carry cybersecurity reverberations for the entire system for years to come exemplifies the important concerns raised in this case."

But, Totenberg also writes in her ruling that she is unable to order the use of a new voting system for the State, asserting that only the Legislature may do that. Thus, she urges the parties to find a compromise resolution. Nonetheless, as Marks explains today, this same judge, who will oversee a bench trial without a jury, found the old Diebold systems so dangerously deficient nearly five years ago, that she not only found them unconstitutional, she barred their use in any further Georgia elections.

"We've never asked for her to order hand-marked paper ballots," Marks clarifies today. "That ultimately just becomes the default, because state law already says that if the electronic system is not working, hand-marked paper ballots is what you go to. That's what the law says." She notes that Judge Totenberg "has the power to enjoin unconstitutional behavior, and that's what we are asking her to do."

"No amount of software patching is going to fix this Constitutional problem. No amount of so-called auditing. You can't do a real audit with those machine-printed ballots," argues Marks. After an election, only hand-marked paper ballots can be known to have been verified by the voter. Studies have found that voters didn't notice more than 93% of the time when a touchscreen voting system flipped their vote on a computer-printed paper ballot summary.

Last week, in Northampton, PA's elections, similar touchscreen Ballot Marking Devices to those used all across GA were showing voter selections one way on the screen in two different contests, in some cases, but printing the opposite on the paper that gets tallied. Imagine if that occurred in even one precinct next year in GA with Trump on the ballot. That is among the nightmare scenarios Marks is hoping to side-step by forcing the state to finally dump their insane --- and insanely expensive --- statewide system.

She says the solution is simple and inexpensive and can be done immediately. Emergency hand-markable paper ballots are already required at every precinct in the state. Just print more of them, and use the existing scanners in each polling location to tally them. "70% of Americans vote this way. This is not hard," Marks asserts. "Of course, the State pretends that it would take rocket science to make this happen."

There is, to say the least, much at stake in this upcoming trial, even as it is not receiving nearly the amount of attention of the other election-related case underway in GA right now, the Fulton County criminal case against Trump and his co-defendants. On that, we have some news as well on today's program, including...

  • An attorney for defendant Misty Hampton, the former Coffee County Elections Director, claims he is the one who leaked video proffers of Powell, Hall, and Trump attorneys Ken Chesebro and Jenna Ellis to the media. But is he really?
  • Willis is seeking the jailing of co-defendant Harrison Floyd for attempted witness intimidation. He is among those indicted in the conspiracy for threatening Atlanta election workers Ruby Freeman and her daughter Shaye Moss over false claims that they carried out ballot fraud in 2020.
  • And Freeman and Moss are now seeking between $15 and $43 million from former NYC Mayor and Fulton County co-defendant Rudy Giuliani in their civil defamation trial against him in federal court. The Judge in that case has already found Giuliani liable. The D.C. trial set to begin in December against him will now determine how much he'll have to pay to the two women.

Finally, Desi Doyen joins us for our last Green News Report before our Thanksgiving break! We will be off --- from both The BradCast and GNR next week. So we send our best and thanks to everyone! We will return after the holiday...

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Public interest would be served if Sec. of State Raffensperger agreed to move to hand-marked paper ballots before 2024's Presidential elections...
By Marilyn Marks on 11/13/2023 10:15am PT  

(Additional reporting by Brad Friedman.)

All parties to the litigation received U.S. District Court Judge Amy Totenberg's 135-page order [PDF] on Friday, in response to Georgia's Motion for Summary Judgement in the Coalition for Good Governance (CGG)'s years-long Constitutional challenge to the state's insecure, unverifiable touchscreen voting systems.

CGG will be going to trial as she denied the State's motion to dismiss our core claims regarding the critical battleground state's Ballot Marking Device (BMD) touchscreens. Trial is set to begin on January 9.

The Court described the inherent security flaws in Georgia's touchscreen voting system as well as the State's lack of response to the statewide system breaches emanating from the Coffee County breach activities we unearthed last year. That matter has now become infamous through Fulton County District Attorney Fani Willis' racketeering indictment against Donald Trump and 18 co-defendants, four of whom she charged for their involvement in the unprecedented copying and distribution of the state's voting system software after breaching the machines at the elections office in the rural, southeastern Georgia county. Two of the alleged co-conspirators specifically involved in the Coffee County plot, Trump attorney Sidney Powell and Atlanta bail bondsman Scott Hall, have pleaded guilty in the matter.

The Court noted the misleading and conflicting claims by the defendant in our case, Secretary of State Brad Raffensperger, regarding the Coffee breaches (see p. 66 of the ruling) and his delayed and ineffective response. The Order notes how the breaches have grave implications for the security of future elections. Nonetheless, the Secretary and State Election Board have continued to bury their heads in the sand, not wanting to second guess the Secretary's 2019 purchase of the highly flawed system that experts have concluded is less secure than the old paperless Diebold touchscreen system Judge Totenberg ordered to be replaced in 2019....

--- Click here for REST OF STORY!... ---

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Guest: Author, researcher Lee McIntyre; Also: Latest on Israel-Hamas and GOP House debacle; 'New Yorker' confirms GA Sec. of State delayed criminal probe of Team Trump's Coffee County voting system breach...
By Brad Friedman on 10/23/2023 6:46pm PT  

More voices over "the information superhighway" was supposed to make it easier for the public to discern fact from fiction. As discuss on today's BradCast, it seems to have done the exact opposite. [Audio link to full show follows this summary.]

Two hot wars in both Israel and Ukraine, a still-simmering pandemic, a worsening climate crisis, the takeover of Twitter by a disgruntled rightwing billionaire, and a "master propagandist" running again for President of the United States, have all combined into a "perfect storm" of disinformation, my guest today explains.

We're joined by Boston University research fellow and best-selling author LEE MCINTYRE, author of 2018's Post-Truth, 2021's How to Talk to a Science Denier, and the just-published On Disinformation: How to Fight for Truth and Protect Democracy.

He's here today to help us understand the difference between misinformation and disinformation; to discuss which is worse; and what, if anything, can be done about any of it. In short, as he explains, "Misinformation is an accident. Disinformation is a lie." For example, the New York Times' (and others') coverage of the deadly explosion at a hospital in Gaza City last week, which now appears to have been caused by an errant rocket fired by a Palestinian militant group, was misinformation when the Times reported it as having been caused by an Israeli airstrike in the immediate aftermath. The misleading reportage might have originated, however, as disinformation from Hamas sources, whose allegations the Times --- as they finally conceded today --- was not properly vetted before being used to drive traffic to its website.

McIntyre also focuses on the danger that social media sites like Twitter/X now pose to democracy and the world, particularly since its takeover by Elon Musk, his blowing up of the previously helpful blue-check "verified" system which helped users distinguish legitimate sources from fakes, and his removal of most of the company's trust, safety, and information moderation team.

He details how disinformation also serves the dual purpose of not just forwarding false information on any particular issue --- like the war in the Middle East or denial of the efficacy of COVID vaccines, our climate crisis, or democratic elections --- but also collapses trust in all verified information and news sources. "Through polarization and the raising of mistrust and distrust, one message that comes through with disinformation is, 'Maybe we can't even know the truth. How do we know? Is everybody biased?' Because in that situation, you might give up on the idea of truth. That paves the way for authoritarianism."

Among the other points we discuss with McIntyre today...

  • How disinformation is now flourishing under Musk on Twitter/X and at competing sites like Mark Zuckerberg's Threads.
  • How we are all victims of whatever algorithms people like Musk and Zuckerberg may wish to put in place to determine what information we see...and don't.
  • How to walk the difficult line between content moderation and censorship, whether its via mainstream press outlets or social networking sites.
  • How "master propagandist" Donald Trump has created a career and an industry out of disinformation which now threatens the veracity of the 2024 elections.
  • How repetition works for both spreading lies and reporting the truth.
  • How to fight back against our "perfect storm of more disinformation, less content moderation, and fewer safeguards."

"I wrote my book because I want people to understand there's a way to fight back against this," McIntyre tells me. "You don't just have to believe the first media accounts. There's a way to be critical, a way to be skeptical, but also a way to push back against social media, push back against cable news, and even the government, to try to make them better and more responsible in how they fight disinformation."

ALSO TODAY...

  • The latest on the Israel-Hamas war, including the release of two more hostages from Gaza on Monday and the Biden Administration's reported efforts to try and forestall Israel's planned ground invasion of Gaza to allow for the release of hostages and foreign nationals and the delivery of humanitarian aid.
  • The latest on the continuing embarrassment of the GOP U.S. House's failure to elect a Speaker and re-open Congress.
  • The latest in the Georgia RICO case against Trump and his alleged co-conspirators for trying to steal the 2020 election in the Peach State. Following guilty pleas last week by Trump attorneys Sidney Powell and Ken Chesebro, the New Yorker's Charles Betha and Sue Halpern reported on the 400-page Georgia Bureau of Investigations' probe of Team Trump's Coffee County voting system breach. It appears to confirm our repeated reporting over the past year that GA's Sec. of State Brad Raffensperger was instrumental in delaying, if not obstructing, the GBI's criminal investigation of the theft and distribution of Georgia's statewide voting system software [emphasis mine]...
    On January 7, 2021, the day after a right-wing mob stormed the Capitol building, several people paid a visit to the Coffee County elections office. A year and a half later, the Georgia Bureau of Investigation began formally looking into allegations that “computer trespass” had taken place that day. The delay seems to have been due to resistance from the Georgia secretary of state’s office, which, for months, denied that a breach had occurred.

    Whaddaya know?...

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Guest: Election security expert Susan Greenhalgh, who helped expose the plot; Also: Still no speaker in wholly dysfunctional GOP House...
By Brad Friedman on 10/19/2023 6:36pm PT  

That's two. And this is a big one, as discussed on today's BradCast with someone who helped make it happen. [Audio link to full show follows this summary.]

Former Trump attorney Sidney Powell pleaded guilty in Fulton County, Georgia today. She was the second of 19 co-defendants to do so in District Attorney Fani Willis' sprawling racketeering indictment [PDF] against Donald Trump and his alleged co-conspirators who tried, but failed, to steal the 2020 Presidential election in the Peach State.

Powell is, perhaps, most notorious for her so-called "Kraken" lawsuits filed after 2020, which she promised would expose evidence of massive Democratic fraud in several states. Her suits includes no such evidence and were all quickly dismissed. Her claims, for example, that dead Venezuelan President Hugo Chavez was somehow involved in stealing the election with voting machines --- in which Powell bastardized and misused some of my own accurate exclusive reporting on Dominion Voting Systems circa 2010 --- all turned out to be false.

But, as our guest today helped reveal earlier this year, Powell also organized and paid for a scheme to breach proprietary statewide voting system software in Coffee County, unlawfully make copies of it and distribute it across the Internet to sources still unknown. She was indicted by Willis on 7 felony counts related to that plot and, today, pleaded guilty to 6 misdemeanor charges that would keep her out of jail and on probation for 6 years, with the requirement that she cooperate fully with prosecutors and testify truthfully against her 17 remaining co-defendants still facing felony charges. Scott Hall, an Atlanta bail bondsman who initially confessed to the plot in Coffee County during a recorded phone call to frequent BradCast guest Marilyn Marks, as first aired on this program, pleaded guilty earlier this month and is also cooperating with prosecutors as part of his plea deal.

We're joined today for both a bit of a victory lap and a very serious warning by SUSAN GREENHALGH, longtime election integrity expert and Senior Advisor on Election Security at the non-partisan Free Speech for People. With Marks, whose Coalition for Good Governance has a long-running lawsuit against GA Sec. of State Brad Raffensperger, seeking to replace the state's touchscreen voting machines with hand-marked paper ballots, Greenhalgh helped reveal that the plot to breach the voting systems in GA was actually part of a broader, multi-state conspiracy hatched during an infamous December 18, 2020 meeting with Trump in the Oval Office. In addition to Powell, co-defendant Rudy Giuliani, disgraced former National Security Advisor Michael Flynn and others on Team MAGA were there that night, hoping that Trump would issue an Executive Order for the military to seize the nation's voting machines. Instead, they settled on the Coffee County scheme and others like it in several other states.

"We know that [Powell's] been involved in voting system software breaches in other states, like in Michigan," Greenhalgh explains today. "But Sidney hasn't been charged there. It's important to keep in mind that this was a networked, coordinated, multi-pronged plan to get access to voting systems in multiple states that she was a part of, and she really shouldn't escape responsibility for her role in those alleged criminal activities in other states."

Greenhalgh recently co-wrote a piece at Slate, calling on the U.S. Justice Department to launch a probe into the multi-state scheme which, she explains today, still poses a very serious threat to the 2024 elections. "Suppose there was a plutonium laboratory that had a robbery, and your local police prosecuted the thieves and the people that let them in. You wouldn't expect them to stop there. You'd expect the feds to go out and find out who got the plutonium and what was the plan to do with it. That's the kind of investigation that we need right now."

For today, at least, the guilty plea by Powell was good news. Marks called it "eminently important...for raising public awareness of the seriousness of the offense that puts Georgia’s 2024 elections at risk because Powell’s team released Georgia’s software into the wild."

As we've discussed with Marks on the program many times, however, Raffensperger has taken no action and has arguably helped cover up the Coffee County breach from the jump. "While Georgia’s Secretary of State has turned a blind eye and declined to either investigate or mitigate this massive security failure," Marks said in a statement today, "at least DA Willis is holding some of the ring leaders accountable in ways that will certainly expose other actors’ wrongdoing in this unlawful attempt to subvert the 2020 election."

For her part, Greenhalgh says today that, though she "was surprised at how lenient the deal is", she is hoping that Powell's guilty plea is "really going to bring the goods" on the multi-state plot and, of course, the involvement of higher-ups in the food chain like Trump and Giuliani.

Greenhalgh encourages listeners to contact their members of Congress to insist they take action on the ongoing threats posed to our voting systems by the breaches in Coffee County and elsewhere before 2024.

Given the mind-blowing and ongoing dysfunction in the GOP-run U.S. House right now, however, amid the Republican Party's continuing inability to choose a Speaker --- as we also discuss on today's show --- it's unlikely that there will be any kind of hearings or anything else there for quite some time.

Finally today, Desi Doyen joins us for our latest Green News Report, with bad news for snow crab fans; a decades-long scheme by the natural gas industry to cover-up health concerns about gas stoves; and some potentially encouraging news regarding both solar energy and U.S. climate goals...

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Guest: Marilyn Marks of Coalition for Good Governance; Also: Shutdown averted; CA's new Senator; Nobel prize for COVID vaccine masterminds; Trump in deeper trouble by the day...
By Brad Friedman on 10/2/2023 7:08pm PT  

Longtime listeners of The BradCast likely knew about the big news last Friday better than almost anyone in the nation. Certainly better than those in the corporate media. We'd been reporting on it for years now, so our listeners likely knew the name "Scott Hall" before pretty much everyone else in the country. [Audio link to full show follows this summary.

On Friday, Atlanta bail bondsman Scott Hall was the first among Donald Trump's 18 co-defendants to plead guilty in the Fulton County, Georgia racketeering indictment, detailing Trump's broad conspiracy to steal the state's 2020 Presidential election in the state. Hall was indicted in the RICO scheme [PDF] on five felony charges related to his participation in the January 7, 2021 breach of Georgia's voting system software in rural, Republican-leaning Coffee County. The plot included Trump supporters unlawfully gaining access to the state's proprietary voting system software at the County's elections office, making copies of it and illegally distributing it via the Internet.

The crime first came to light after Hall called longtime Election Integrity champion and frequent BradCast guest MARILYN MARKS, founder of the nonpartisan Coalition for Good Governance, and essentially confessed to the entire scheme. Marks recorded the phone call "confession" and we were the first in the nation to broadcast audio from that phone call last year in May. Marks' group has been leading a long-running lawsuit against GA Sec. of State Brad Raffensperger, seeking to replace the Peach State's wildly vulnerable and unverifiable touchscreen voting systems with verifiable hand-marked paper ballots before next year's Presidential election. Her quick thinking to record Hall's phone call resulted in at least five of the indictments in District Attorney Fani Willis' case against Trump and friends.

"It was one of the more intelligent things I've done, which are not many!," quips Marks today. "But I'm glad I recorded that." She joins us today for the first time since Hall was the first to cop a plea in the case last week to avoid jail time in exchange for testifying against his fellow defendants. He received 12 months of probation and a $5,000 fine.

Marks explains that Hall will have a lot to share with Willis' team. "On mainstream media over the weekend, I heard many commentators saying, 'Well, he's kind of a small player.' Oh no no no --- he is not a 'small player'," she insists. "He knows the ladder, up and down. He was smart to get that deal he did. He got in early. And now Fani Willis has his truthful testimony about a whole range of characters and facts."

Among the many points we discuss with Marks today...

  • What Hall knows about the Coffee County breach, its organization by co-defendant and Trump attorney Sidney Powell, and the genesis of the multi-state plot beginning in Trump's Oval Office in December of 2020.
  • Why MyPillow CEO Mike Lindell flew into tiny Coffee County in his private plane for a few hours in the middle of the night as the County was preparing to fire its Election Director, co-defendant Misty Hampton, in the wake of the breach.
  • Why did all of Hampton's emails from her years as the County's Elections Supervisor supposedly disappear after she was fired? (Though, on today's show, we found one of them! Read on!)
  • Who else was involved in the breach but wasn't indicted by Willis (for example, Lindell and head of the now-defunct "Cyber Ninjas" outfit, Doug Logan) and why?
  • Why has GA SoS Raffensperger been covering up the breach since it happened in early 2021, and why is he still refusing to take any action in response to it? For example, why is his office refusing to install new security patches created by Dominion Voting Systems for the touchscreen voting systems until after the 2024 Presidential election?
  • Why is the state's voting system software breach in Coffee County important to the Coalition's lawsuit against Raffensperger, which seeks to move to hand-counted paper ballots? (The trial in that years-long case, by the way, is finally set to begin in federal court in January.)

"There is nothing to suggest that [Raffensperger] is remotely interested in learning what happened," Marks argues today. "He has still not started an investigation of the implications of this breach --- who was involved, how the administrative rules fell apart --- and has not done any kind of work on the security implications of it. It is absolutely shameful."

That's just the tip of the iceberg today which also includes another 'BradCast' first: We share the long sought after invitation letter allegedly sent by Hampton to the MAGA breachers on December 31, 2020, giving them the greenlight to come to the Coffee County Board of Elections office. "Y'all are welcome in our office any time," writes Hampton in the brief letter that Powell had claimed would somehow exonerate her, and in which Hampton goes out of her way to mention being in accordance with "Georgia Law" at least three different times, for some reason, in a single paragraph letter.

Tune in for all of that and much more today, including several news headlines on the federal government shutdown averted over the weekend, thanks to Democrats, and the price GOP House Speaker Kevin McCarthy may now pay for that; California Gov. Gavin Newsom's selection of political consultant, labor leader and Emily's List President Laphonza Butler to complete the term of Sen. Dianne Feinstein, who died late last week; Today's Nobel Prize in Physiology or Medicine awarded to two researchers who invested decades into developing the technology that would eventually become used to develop the COVID vaccines in record time in 2020; And several pieces of news from several different ongoing cases against Trump and his fellow co-conspirators, including his surprise appearance at the first day of New York state's $250 million civil fraud suit against him in Manhattan.

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Navarro 'guilty'; Prigozhin's interference; DeSantis law v. Idalia recovery; Lee strengthens; OH GOP lawyer sentenced; AL GOP Rep. arrested; 'Crooked' Coffee County, GA; Solution to 'Rich Men from Richmond'...
By Brad Friedman on 9/7/2023 6:39pm PT  

As the headline suggests, we've got a bunch of different odds and ends and follow-ups and codas to share with you on today's BradCast, along with, several new stories and even a musical ending to it all. [Audio link to full show follows this summary.]

Among today's stories...

  • Trump advisor Peter Navarro was found guilty by a jury in D.C. on Wednesday on two counts of Contempt of Congress for refusing to answer his House January 6 Committee subpoenas for testimony and documents. It's the second such conviction for a scofflaw Trump apparatchik. Last year, Steve Bannon was found guilty of the same crimes and sentenced to 4 months in prison. He remains out on appeal. Navarro is expected to appeal as well. We wish them both nothing but luck in their continuing efforts to evade the Rule of Law on behalf of the disgraced former President and continuing con-man.
  • Just a friendly reminder, because I haven't seen it covered much in the wake of the recent small plane death of former Vladimir Putin-ally turned short-lived Russian mutineer Yevgeny Prigozhin. I just wanted to make sure this factoid doesn't fall down the Memory Hole of History: On the day before last year's mid-term elections in the U.S., Prigozhin admitted, for the first time publicly, that Russia had, in fact, "interfered, are interfering and will interfere" in U.S. elections. Yes, in addition to heading up the brutal Wagner mercenary group in Ukraine and elsewhere, being known as "Putin's Chef" and eventually failed mutineer, he was also the guy who finally admitted to having interfered in U.S. elections. He was charged by Special Counsel Robert Mueller in 2018, for having done so in 2016.
  • Following Hurricane Idalia's landfall in Northern Florida last week, it's become clear that a radical new anti-immigrant law signed by the state's Republican Governor Ron DeSantis earlier this year will hamper rebuilding and recovery efforts in the Sunshine State. While damage from Idalia was intense, it made landfall on a sparsely populate part of the state. Next time, Florida may not be so "lucky". In not-unrelated news for the U.S. East Coast, the huge Hurricane Lee has now intensified to a Category 4 today as it nears the Caribbean.
  • A couple of weeks ago, we covered yet another case of voter fraud by a White Republican Trump donor after James Saunders, a 56-year old Ohio attorney, was convicted of unlawfully voting in both Florida and the Buckeye State in the 2020 and 2022 general elections. Last week, he received Ohio's maximum sentence of three years in prison. The judge sent him immediately to jail following his conviction without allowing him to remain free pending appeal.
  • In yet another new case of GOP election fraud last week, Alabama state Rep. David Cole was arrested and charged with voting in "multiple or unauthorized locations" after law enforcement officials determined the District 10 lawmaker actually resided in District 4 in violation of state law. He faces up to 10 years in prison for his crimes, though --- in a turnabout for GOPers these days --- Cole who was elected to public office last year, had the decency to resign following his arrest and says he plans to plead guilty.
  • We've been spent quite a bit of time over the past year and a half on both The BradCast and at The BRAD BLOG covering the alarming, unlawful breach, copying and distribution of Georgia's statewide voting system software by a bunch of MAGA folks on January 7th, 2021 in rural Coffee County. The scheme was allegedly organized by Trump attorney Sidney Powell after being hatched in the Oval Office in December of 2020. Powell and three others were finally charged by Atlanta-area D.A. Fani Willis for their parts in the plot, in Donald Trump's sprawling, 41-count RICO indictment [PDF]. We helped break some of the story last year and have been covering in detail it ever since, including yesterday with guest Marilyn Marks, the woman who first revealed the breach after learning about it via a bizarre phone call she received from one of the participants (who has also since been charged.)

    But there is another, less reported aspect to all of this, with no small amount of irony. Two of those charged for key roles in the plot, the County's then GOP Chair Cathy Latham and then Election Supervisor Misty Hampton, were also part of a voter suppression cabal in the heavily Republican County where about a quarter of the population is Black. In fact, for years, the pair had helped to bring false voter fraud charges against County Commissioner Olivia Coley Pearson, a Black Democrat, for her terrible habit of helping folks get to the polls when they need assistance. As CNN's Elle Reeve details in an excellent report this week from on the ground in Coffee County, there is good reason that some refer to it as "Crooked Coffee"...even before the massive Republican election fraud breach carried out by Hampton, Latham and many others.

  • Next up, Desi Doyen joins us for our latest Green News Report following a record brutal summer across the globe. But she also has some good news, such as the Biden Administration's effort to reverse Trump's oil drilling up in the previously pristine Alaska National Wildlife Refuge (ANWR).
  • Finally, we close out Labor Day week with a new tune from musician and longtime labor advocate Billy Bragg, who says he was inspired by "the ghost of Woody Guthrie" to respond to a song named Rich Men North of Richmond by Virginia-based singer Oliver Anthony after it recently went viral in GOP circles. Bragg's new tune in response is called Rich Men Earning North of a Million and it has a very clear message and solution for Anthony "and people like you."

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Guest: Marilyn Marks of Coalition for Good Governance; Also: Bad news for Trump in second rape, defamation suit and on his Constitutional eligibility for the 2024 ballot...
By Brad Friedman on 9/6/2023 6:31pm PT  

It's been a few months since she's been on BradCast, but she returns today, for the first time since the sprawling RICO indictment against Donald Trump and 18 co-conspirators for attempting to steal Georgia's 2020 Presidential election. The indictment includes charges based on a phone call she received --- and was smart enough to have recorded --- from a Team Trumper who essentially confessed to the now-notorious breach of the state's voting system software in Coffee County. She deserves, and receives, a bit of a victory lap today, while breaking still more news about the breach which, she warns, has yet to be investigated by the state's Secretary of State or its Board of Elections in advance of 2024. [Audio link to full show follows this summary.]

But first up today, a few somewhat related items...

A federal judge ruled Wednesday that E. Jean Carroll's upcoming civil trial against Trump will only be on damages --- how much he will have to pay the former magazine columnist who accused him of raping her in the 1990's and then lying about her years later. A civil trial that ended in May found Trump liable for sexual assault and defamatory remarks made about Carroll in 2022. Today, the judge found that the previous finding of assault and defamation already establish Trump's liability regarding defamatory comments he made about her in 2019, while serving as President and, therefore, the only question to be resolved in this separate suit is how much he will have to pay her. She is seeking not less than $10 million in this case and the judge has allowed her to add defamatory comments Trump made about Carroll on a CNN Townhall the day after he was found liable in the earlier case.

Picking up on our detailed coverage on yesterday's show of the various chief election officials around the country now grappling with whether Trump is even eligible for the 2024 ballot next year, based on his violation of the U.S. Constitution's "Insurrection Disqualification Clause" (14th Amendment, Section 3), the nonprofit Citizens for Responsibility and Ethics in Washington (CREW) filed a lawsuit challenging Trump's eligibility for the ballot in Colorado on Wednesday on behalf of six Republican and unaffiliated voters there. The matter is likely to move quickly all the way to the U.S. Supreme Court, given that the state must settle its 2024 Primary ballot by January 5th!

A hearing was held on Wednesday in Fulton County, Georgia in Fanni Willis' RICO case [PDF] against Trump with co-defendant attorneys Ken Chesebro (alleged architect of the fake electors plot) and Sidney Powell (alleged organizer of the Coffee County voting system software breach) each seeking to be tried quickly and alone. The judge appears to have agreed on "quickly", setting a trial date for both beginning on October 23. But he he denied their motion to have their cases severed from each other. Still to be determined, however: the question of whether all 19 co-defendants must be tried at the same time, as Willis' team argues, given that guilt for any one defendant in the covert actions listed in the RICO charge (Count 1 of 41) means that all co-conspirators are guilty under state law. Prosecutors told the judge today that they expect the trial to take at least four months and will include more than 150 witnesses. (One of whom might be our guest on today's show!)

At the same time, a filing last week in the case by Powell claims she had nothing at all to do with the scheme to unlawfully breach, copy and distribute Georgia's state voting system software in the rural, Republican-leaning Coffee County. A report last week at the Atlanta Journal Constitution, however, which (literally) has the receipts, suggests otherwise.

But all of that --- including the receipts --- is only known publicly thanks to our guest today, MARILYN MARKS of the small, critical non-profit, Coalition for Good Governance. As first aired on this program in May of last year, Marks received a phone call from an Atlanta bail bondsman named Scott Hall, who, essentially, confessed to the entire Coffee County scheme. That is how we even know that the breach happened at all, and why four people involved with it --- one of whom is Powell, another of whom is Hall --- were charged last month in the scheme that still endangers elections both across the entire state of Georgia, where the same systems will be used again next year, and in more than a dozen other states.

Marks explains today how Hall originally "confessed" to the breach after calling out of the blue to bully her into turning over documents from her long-running civil lawsuit which is challenging the use of GA Sec. of State Brad Raffensperger's unverifiable, wildly insecure touchscreen voting systems. Hall claimed he had actually "hacked" into her group's legal documents.

"Instead of slamming the phone down, which was my first inclination, I instead decided to go into playing the sweet little old lady mode," Marks explains today, noting that she "kept him on the phone for about an hour" before he "just blurted out" the fact that he and other MAGA folks were allowed in to the Coffee County elections building to scan, image and copy everything. Two local officials, Coffee's then Election Supervisor Misty Hampton and the County's GOP chair Cathy Latham, have also been indicted in the same RICO conspiracy. (In addition to helping facilitate the software breach, Latham is also charged for her role as a fake elector in Georgia.)

Marks quipped that Hall has likely by now "realized that he, unlike Trump, had not made a 'perfect phone call."

In the meantime, Marks warns that, despite the indictments, the threat posed by the breach has still not been fully investigated by either federal or state officials. Two and a half years since the breach, which she believes Raffensperger learned of almost immediately afterward and has been covering up, "the Secretary and State Election Board have not even begun an investigation of Coffee County," Marks emphasized, telling me that "there are so many people that were involved in the Coffee County Breach that have not been held to any kind of accountability."

"What they did was just turn the criminal aspects of this over to Georgia Bureau of Investigation," she asserts. "But they are doing nothing at all. They have not even conducted one interview. They have not picked up the first piece of paper. They have not done anything to consider what are the impacts on the voting system? What are the impacts for future elections? How did this go wrong? What kind of better rules should have been in place? What kind of reporting structure should we have had? They have still not put in a single rule or requirement for reporting a security incident. If Coffee happened today, they would not have to report it."

That, Marks warns, remains a serious threat moving forward, especially since the software still remains in the wild and Raffensperger has refused to install Dominion touchscreen voting system security patches certified by the U.S. Election Assistance Commission (EAC) and strongly recommended by the U.S. Cybersecurity and Infrastructure Security Agency (CISA) in the wake of the January 7th, 2021 breach in Coffee County until after the 2024 elections.

Marks' long-running lawsuit seeking to replace Raffensperger's Dominion touchscreens with verifiable hand-marked paper ballots is finally set to go on trial in January. "We are really looking forward to putting on all of this evidence," she tells me, after explaining why the Coffee County breach is so key to her case. "And, certainly we are hoping for a decision that will at least protect the November elections for 2024. After all, these breaches that happened in Coffee County --- they are still ongoing."

"Remember, all that software was posted on the Internet. Lots of people took it. Nothing has been done to mitigate it. So, if you think about it, every day that people have their hands on that software, sharing it with others, the breach continues."

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Also: Prighozan 'dead'; Milwaukee schools closed due to heat wave; All-male SC Supreme Court allows abortion ban; Randy Rainbow returns!...
By Brad Friedman on 8/23/2023 6:27pm PT  

Today's BradCast might be best summarized by matching up the mugshots and court appearances this week (most of them just today!) of Republican attorneys who are being held accountable for felony crimes, most related to election fraud. [Audio link to full show follows below this summary.]

From left to right of the rogues gallery pictured above...

  • Ohio attorney and Trump donor James Saunders was found guilty on Tuesday of two counts of election fraud for having voted twice, once in Ohio and once in Florida, in both the 2020 and 2022 general elections. The judge immediately sent him to jail after the verdict, even before his sentencing next week. Saunders apparently committed the same crimes in 2014 and 2016, but the statute of limitations had already run before Cuyahoga County prosecutors nabbed him.
  • Republican Texas Attorney General Ken Paxton's trial on 20 impeachment charges in the state Senate is scheduled to begin on September 5. The photo above (second from left) is his mugshot from 2015 when he was charged with state felony Securities Fraud which he has yet to be tried for. TX voters elected him twice since then, nonetheless. As to the charges for which he has now been impeached, Texas House impeachment managers this week released new details about Paxton's abuse of office as the state's top law enforcement official, which include abuse of office to help his friend and donor Nate Paul, his use of a fake Uber account, burner phones and secret personal emails accounts used, in part, to facilitate his secret visits with his mistress who Paul's firm hired in order to make it easier for Paxton to visit her in Austin. All of that, even as Paul was secretly paying to renovate Paxton's home in McKinney. Paxton, who led the failed U.S. Supreme Court lawsuit attempting to toss out every vote cast in Georgia, Michigan, Wisconsin, and Pennsylvania, in the 2020 Presidential election, is also under federal investigation for many of the crimes he has been impeached for in the Lone Star State where he is now serving his third term as A.G.
  • A whole passel of Donald Trump co-defendants --- many of them also Republican attorneys --- were in the news today, as many surrendered to felony charges in Fulton County, Georgia, after being charged in the state racketeering conspiracy indictment along with Trump for their efforts to steal the 2020 election in the Peach State. Seen in mugshots above (slots 3 through 6) are Trump attorneys Rudy Giuliani, John Eastman (booked yesterday), Ken Chesebro, and Sidney Powell. Also surrendering today in Atlanta was Misty Hampton, the Republican Election Director of Coffee County, GA who invited Powell, and a bunch of other MAGA folks in to the Elections Office in the rural, Republican-leaning GA county to make unlawful copies of the state's sensitive voting system software. Also in related news today were Trump's former Chief of Staff Mark Meadows and former Trump DoJ attorney Jeffrey Clark. Both are co-defendants in the RICO case, currently seeking to move their trials to federal court. Both had moved in federal court to postpone or cancel their surrenders in Fulton County. Both motions were rejected by the federal court today just before airtime after Fulton County District Attorney Fani Willis made clear that they had both been given more than enough time before this Friday's deadline to turn themselves in.

In other, occasionally related news on today's program...

  • Yevgeny Prigozhin, founder of the Russian mercenary Wagner military battalion and leader of a short-lived coup against his former close ally, Vladimir Putin, earlier this year, reportedly died along with 9 others in a private jet that crashed shortly after takeoff approximately 60 miles north of Moscow on Wednesday. The plane was video-taped falling out of the sky after something appears to have caused an explosion after the jet had reached cruising altitude.
  • Milwaukee Public Schools were closed today in Wisconsin due to a dangerous heat wave. The closure comes on the same day that eight GOP candidates --- none named Trump --- are to appear in Milwaukee this evening for the party's first Presidential Primary debate of the 2024 season. Pretty much all of these candidates, many of whom pretended to be furious about school closures due to COVID, are also climate crisis deniers. Nonetheless, they are unlikely to raise the issue of our climate emergency at tonight's debate, despite the school closures today due to climate change in the very city in which they will be debating tonight.
  • The newly all-male state Supreme Court in South Carolina reversed the Court's own ruling from earlier this year today, regarding the state Legislature's near total abortion ban, even though the majority opinion concedes the new law infringes "a woman’s right of privacy and bodily autonomy." The 5 men now serving as Justices --- following the lone female Justice's mandatory retirement earlier this year --- just don't care, apparently. Unlike the now-retired female Justice who wrote the majority opinion blocking the new law earlier this year, the dudes now sitting on the state's High Court believe those state Constitutional interests of women do not outweigh "the interest of the unborn child to live."

And finally...

  • Trump says he will go in for booking at the Fulton County jail on Thursday evening, during TV's prime-time, of course. As he is set to be arraigned for his fourth criminal indictment of the year (his second one for attempting to steal the 2020 election), musical satirist Randy Rainbow returns with an all new, hilarious tune to mark the occasion and close today's program...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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